Service Description and Terms - FTTB and ADSL2+ Home Bundle

This document contains the Service Description and Terms for the supply of a Basic Access Service that TPG supplies using the unconditioned local loop or the copper wire in a multi-dwelling unit (the "Service"). The Service is a component of plans such as: ADSL2+ Home Bundle, ADSL2+ with TPG Home Phone, ADSL2+ with TPG Landline Rental, Naked ADSL2+ and the Fibre to the Building (FTTB) service. The Service is supplied by TPG Internet Pty Ltd (ABN 15 068 383 737). The Standard Terms and Conditions apply to these services and are part of the agreement under which TPG supplies this service.

THE SERVICE

This Service Description and Terms does not apply to ADSL2+ standalone plans.

Naked ADSL2+ is a high speed broadband Internet service delivering Internet content and related services such as email using asynchronous digital subscriber line (ADSL) technology over a pair of copper wires which is connected to TPG Equipment in the telephone exchange. The copper pair is part of a network commonly known as the "unbundled local loop" or the "ULL".

Fibre to the Building (FTTB) is a high speed broadband service that is delivered using fibre optic and other network equipment that has been installed in the basement of multi-dwelling buildings. TPG makes use of existing copper wires within the building to enable communication between the customer premises and TPG's equipment. TPG's equipment uses either ADSL2+ or VDSL technology over the copper cables within the building.

We do not guarantee provision of Service to every applicant. The Service is only available to addresses within relevant network coverage area where there is available infrastructure to provision the Service. There must be available at the service delivery address a suitable copper pair. Not all copper pairs are suitable. Limitations may include the existence of complex services being supplied over the copper pair (e.g., ISDN, Duet, Securitel, Line Hunt etc), and where there is RIM, sub-exchange, pair gain or other network elements affecting the copper pair. For FTTB, copper pairs must also be available to be connected between the customer's premises and the distribution frame in the building.

The connection speed of the Service will be high speed broadband delivered using ADSL2+ or VDSL technology. TPG does not guarantee that customers will achieve maximum ADSL2+ or VDSL connection speeds as specified in the plan details. The speeds for the service can vary substantially due to many factors.

For FTTB services, actual throughput speeds may be slower and could vary due to various factors including interference, customer cabling and equipment, download source, and quality and distance of in-building copper.

For ADSL2+, ADSL services include distance from local exchange, quality of phone line, EMI (Electro-Magnetic Interference), the number and type of other services using the line, the capacity of the uplink, and customer's modem/router. Customers who are more than 3kms from the telephone exchange and/or with poor quality telephone lines may be limited to ADSL2 (G992.3) or ADSL1 (G992.1) modulation for stability purposes and due to technical limitation of Telstra infrastructure.

If the Service is installed on a copper pair at your service delivery address, you will not be able to use that the copper pair for any telecommunications service supplied by a third party carrier, though TPG IPTV may be available.

The Service will be supplied under a plan which you select at the time of application for the service.

Business plans are available only to customers who provide a valid ABN on application.

The Service may not be resold or on-sold and you must ensure that it is not made available to ISPs, Internet Cafés or Web Hosting Companies.

The Service is not a standard telephone service and the Customer Service Guarantee (CSG) does not apply. You may be acquiring a voice service bundled with the Service and that voice service may require you to waive rights to the CSG.

INSTALLATION OF THE SERVICE

During the application process, you may be asked to nominate an existing standard telephone service number which is operational at the service delivery address. You warrant that you are the legal renter of the telephone line provided or are authorised by the legal renter to consent to the installation of the Service.

If you have any complex services on the copper pair (refer clause 1.3 above) you will be required to cancel those complex services before any installation can proceed. You acknowledge and agree that, if you are a customer of TPG's ADSL2+ broadband and cancel that complex service in order acquire this Service, there is no guarantee that the ADSL2+ port will remain available for you to return to acquire that ADSL2+ service from TPG. There may be a delay of up to 3 weeks between cancellation of ADSL2+ and installation of this Service.

By applying for the Service, existing services like phone or internet at your premises, you will need to contact your current provider to have these services cancelled to ensure you do not receive any further bills. TPG recommends you check with your current phone and/or internet service provider regarding contractual commitments and termination/disconnection fees associated with your current services. TPG is not responsible for these charges. If you are also porting your existing phone number to TPG, do not cancel your phone service until the number has been ported.

You acknowledge and agree that any functionality that may require a standard telephone service dial tone will not function when using this Service. Such functionality includes without limitation:

Fax machines (though some fax capability is available);

Alarm monitoring;

PBX and other phone systems;

Line hunt;

Existing DSL services;

Dial up network access;

EFTPOS; and

Movie ordering, voting and other facilities provided by Pay TV requiring a standard telephone service will not be possible with the Service.

TPG is responsible for delivering the Service to the network boundary point at your premises. You are responsible for all cabling and wiring within your premises. Where cabling does not exist or you have a fault with the wiring in your premises, you must arrange for your own contractor to rectify this.

For the Service to be installed, your copper pair must support the service. Provisional checks to confirm the telephone line can support the Service are carried out on application, but this does not guarantee the Service can be successfully installed.

We will endeavour to install the Service within a reasonable time from your order but provisioning may be rejected or delayed due to many factors, including but not limited to, transpositioning (the line cannot carry ADSL/ADSL2+). Such issues are outside of our control. If there are issues, you must give us the opportunity fully to investigate the reasons for such rejections before terminating the contract.

At the time of installation, we will conduct a qualification test to ascertain whether there is a suitable copper pair available for use at the service delivery address. If there is no such suitable copper pair, we will notify you by email and the agreement between TPG and you for the sale and purchase of the Service will be terminated.

You are responsible for all costs and charges associated with any agreement for the delivery of carriage services supplied to the service delivery address on the telephone line before the cutover to the Service.

THE TPG IPTV SERVICE

IPTV (Internet Protocol Television) is a system where a television or video service is delivered to subscribing consumers using internet protocol over a broadband connection. TPG only supports delivery of television signal to the computer monitor.

TPG provides you with a selection of Channels via our network, including both free and pay channels. These channels are grouped together in tiers or packages.

TPG IPTV is available to some TPG customers who are using this Service and are connected to an IPTV enabled exchange. To ensure quality, this service is limited to customers who receive a consistent download speed of greater than 3.5Mbps.

All subscriptions are on a monthly basis and no refunds will be paid for any early termination within the month.

You must be over 18 years of age to subscribe to an adult channel or other restricted content services. Proof of age may be required. Technical support is available for customers who have purchased an IPTV compatible modem through TPG. Support will not be provided for customers using third party or non TPG supplied modems/routers.

TPG IPTV is supplied for residential subscribers, for their private, non commercial viewing. You must not copy, alter in any way, retransmit or redistribute the channels/programs supplied.

TPG will record the following session information as required to assist with technical support and licensing regulations.

Debugging messages which may contain users system configuration

Viewing information and channel change requests

TPG will not release any information collected to any 3rd party company or individual except if the law requires us to do so, such as to law enforcement agencies when they are required to investigate illegal activates under State and/or Federal Laws.

You must pay all subscription fees applicable to the IPTV plan for which you have registered. Failure to pay subscription or usage charges will result in the suspension or termination of the IPTV service.

EQUIPMENT

You must ensure that you have compatible, working equipment installed to access and use the Service including, but not limited to: Modem/router and cabling. We will not reimburse you for access or performance problems caused by equipment which is not supplied by us or if the warranty is expired.

If we have agreed to supply you with a piece of equipment, we reserve the right to and may supply an alternative model or brand of modem/router, of similar quality and technical specification to the one displayed on the TPG website when you registered.

TPG only provides technical support for makes and models of modem/router supplied by TPG. If you are using a model of modem/router not supplied by TPG, assistance may be available directly from the manufacturer's own technical support service.

We will only deliver ordered equipment to the contact address supplied by you in your application for service.

In a situation where you are not available to receive delivered equipment and the equipment is returned to us, the cost of the return will be borne by you. In addition, we will charge you to redirect/resend the equipment. Shipping & handling fees are non-refundable.

EQUIPMENT SUPPORT

Support, maintenance and/or consulting in respect of your equipment are not provided as part of the service. You are responsible for any expenses relating to cabling, configuration and/or modifications to your equipment.

SERVICE FAULTS

While we will endeavour to make the Service available to customers 24 hours a day, 7 days a week, the Service is not fault free and we cannot guarantee uninterrupted service, or the speed, performance or quality of the service. There are many factors outside of our control which affect the Services, such as the performance of third party suppliers and equipment, force majeure events and quality of the copper pair. We accept no liability for interruptions to the Service or for any resulting damage or loss suffered by you or any third party.

We reserve the right to perform maintenance work from time to time, which may temporarily interrupt your access to the Service. Where possible, we will perform this work during non-peak times.

You must direct all queries regarding faults/outages of the Service to our technical support Help Desk (see contact details online at http://www.tpg.com.au/about/contact.php ). You must not direct inquiries to third party service providers, including Telstra. We will invoice you for costs incurred by us if you engage a third party for assistance with your service.

If TPG determines on reasonable grounds that the fault is not related to the TPG infrastructure (for example faulty socket, modem, internal wiring) an Incorrect Callout fee of $89 may apply. For more information please see http://www.tpg.com.au/support

SETUP CHARGES

You must pay all equipment, delivery and set-up charges and the first month's subscription fee once your nominated telephone line passes the initial service qualification test prior to installation.

If you provide us with incorrect registration details which result in the service being installed on the wrong phone line or address, the set-up charges will be paid again to re-install the Service. You must provide the correct service details in writing to us before re-installation will proceed.

Where transpositioning of your telephone line is required for the Service to be installed, we will charge the set-up fee and first month's subscription fee on receipt of written confirmation that you wish to proceed with transpositioning. These charges will be refunded if transpositioning fails but, if successfully completed, we will bill you for any equipment ordered and related delivery charges.

MINIMUM CONTRACT PERIOD

Plans may have a Minimum Contract Period (also referred to as a Contract Term). The Minimum Contract Period is the minimum period during which you must acquire the Service. The Minimum Contract Period commences when the Service is activated.

INCORRECT INFORMATION If you provide incorrect information (such as incorrect address or incorrect phone number) on the Service application, then you will be liable for the costs incurred including, but not limited to:

A setup charge and relocation charge if the service can be relocated to the correct address or phone number; or

A setup charge and early cancellation charge if the incorrect service cannot be relocated.

DOWNLOAD QUOTAS

With some broadband plans your download speed is throttled (slowed) to a specified speed once the monthly download quota is exceeded until the start of the next billing month. TPG may manage traffic flows in its network for purposes associated with targeting efficient utilisation of available network resources.

With plans which consist of peak and off peak download quota, the download speed is throttled (slowed) to a specified speed for the period in which the download quota has been exceeded (peak or off peak) until the start of the next billing month.

We may change the peak and off peak times but, if the change is material, we will provide you with not less than 30 days notice of that change and we will only change the start/end times but not the length of the periods.

With some broadband plans you are charged for all downloads in excess of a specified monthly download quota, at a rate specified in the application, or if no rate is specified, at the rate of 15 cents per megabyte.

Usage charges incurred within a billing month are charged at the end of that billing month.

If you are on a plan where connection speed is throttled, or you are charged for downloading once a monthly download quota is exceeded, you can view your recent download history and total downloads for the month, by logging into your TPG account online at https://cyberstore.tpg.com.au/your_account/ . We recommend that you monitor your usage regularly.

TPG does not provide usage records for unlimited broadband plans which are not throttled after a specified download limit is reached.

PAYMENTS

Payment options are credit card and/or direct debit from a nominated bank account, as specified on the TPG website for the plan chosen by you. Accounts paid with an American Express or Diners Club card will incur a surcharge of 3.13% and 2.75% (incl. GST) of the payment amount respectively when we debit the card.

TPG may choose not to issue an invoice but charges will be incurred and payable regardless of the fact that an invoice has not been rendered.

Where payment is made by direct debit or credit card, TPG may suspend the service without giving notice to you if the direct debit is declined for any reason.

Plans which incur download charges can only be paid by credit card.

Payment of invoices is required within 30 days of date of invoice. Payment can only be made through "My Account" or by calling the Call Centre. If payment is not made within this time, account suspension will be enforced.

Payment method will be moved from invoice to automatic Credit Card or Direct Debit deduction in the cases where a plan change, relocation, reconnection or reactivation of internet service is required by retail customers (without ABN).

We reserve the right to charge $10 inc. GST per invoice generated and posted for retail customers (without ABN) who have invoice as payment method.

Changing from a Naked ADSL2+ plan to an ADSL2+ or any other type of broadband service requires the cancellation of the Naked ADSL2+ service before any order may be placed of the other service. Such a cancellation during the Minimum Contract Period will incur early termination charges as specified in clause 8.2 above.

Relocation of a Naked ADSL2+ is not possible. If you move premises, you must cancel your Naked ADSL2+ service, if such cancellation occurs during the Minimum Contract Period, early termination charges as specified in clause 8.2 above will be payable.

IP ADDRESSES

The Service will be provided with dynamic or static IP addresses as may be described in the plan specification. 'Static IP address' refers to layer 3 or layer 2 (PPPoE) broadband connections where your router/modem is assigned a specific IP address(s) that is allocated for the period you acquire the Service.

If you have a plan with a static IP address(s) and apply to change the plan/service in any way, we will endeavour to retain your IP address(s) but reserve the right to assign to you a new IP address(s).

CANCELLING THE SERVICE

You may terminate the Service by giving us at least 30 days written notice. You must pay for charges for the service up to the end of the notice period.

If you cancel your Service before the end of your Minimum Contract Period, you will be required to pay the early termination charges as described in this service description.

Cancellation of the Service will automatically terminate the supply of the IPTV Service.

Fast transfer away from a Service may not be possible. In order to move to another DSL or telephony service provider, you may be required to cancel the Service and order a fresh service with the alternative provider.

EMAIL

Virus filtering is performed on all email passing in or out of our email servers, and will not be disabled on individual accounts. Email messages detected with a virus are rejected immediately with details of the virus. You will not receive separate notification for each infected message which is rejected, but will be emailed a fortnightly summary of prevented viruses.

If you persistently send virus emails, or have virus infected emails sent from your network, you will be notified daily via email. Failure to fix the virus infected computer will result in a temporary block of all email services for you and your network.

SPAM or Junk email filtering is performed on a per email account basis. The account holder is able to select the appropriate filtration level, or disable this service. Email detected and prevented from delivery can be viewed via a website.

Sender address verification is performed on all incoming emails. This is enabled by default, but can be disabled on a per email address basis.

We do not guarantee faultless storage of emails, and will not be liable for any damage or loss, including loss of time, resulting from storage faults. Emails are only temporarily stored online. We will not be responsible for emails deleted automatically once the specified storage limit is reached - details of storage limits are available with the plan details online at http://www.tpg.com.au/products_services/pop3.php.

Email plans offer spam filtering and virus protection facilities. These features are to help you protect themselves against unwanted viruses and junk email. TPG does guarantee protection against spam or viruses and recommends that you make use of other available protections such as anti virus software and firewalls.

We recommend that you use email client software (i.e. an email program) which will download and store copies of email on your own computer and/or will enable you to make hard copies of important emails.

MISCELLANEOUS

You use the service at your own risk and we take no responsibility for any data downloaded and/or the content stored on your computer. You agree not to make any claim against us, our suppliers, employees, contractors or assignees for any loss, damages or expenses relating to, or arising from, the use of the broadband service and/or our email services.

We reserve the right to add, or delete web sites to/from our filter list without prior notice to you.